A motion under 28 U.S.C. § 2255 is a collateral federal remedy with rules that differ from a direct criminal appeal.
Not a second direct appeal
A § 2255 motion is not simply another chance to relitigate every issue. It is a collateral procedure directed to grounds recognized by the statute and related federal law.
One-year limitation issues can be critical
Federal collateral review includes a one-year limitations framework with different possible triggering dates. Calculating that period can be complicated by direct review, newly recognized rights, newly discovered facts and other circumstances.
Ineffective-assistance claims
Claims involving ineffective assistance of counsel are commonly litigated in § 2255 proceedings because they may require facts outside the direct-appeal record. The legal standard is demanding and fact-specific.
Successive motions are restricted
A person generally cannot file repeated § 2255 motions without meeting special requirements. That makes it important to evaluate the complete record and potential claims before filing the first motion.
Appeals use a certificate-of-appealability process
After the district court decides a § 2255 motion, further appellate review is governed by separate rules, including certificate-of-appealability requirements.